HomeMy WebLinkAboutCC Resolution 13369 (Street Resurfacing)RESOLUTION NO. 13369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012
CURB RAMPS PROJECT, CITY PROJECT NO. 11204, TO FIELDSTONE
CONSTRUCTION COMPANY IN THE AMOUNT OF $214,372.50.
WHEREAS, on the 14`h day of June, 2012, pursuant to due and legal notice published in
the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned,
as more fully appears from the Affidavit of Publication thereof on file in the office of the City
Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open,
examine, and declare all sealed bids or proposals for doing the following work in said City, to
wit:
"Citywide Street Resurfacing 2012 Curb Ramps"
City Project No. 11204
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of Fieldstone Construction Company at the unit prices stated in its
bid was and is the lowest and best bid for said work and said bidder is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael,
that the bid of Fieldstone Construction Company is hereby accepted at said unit prices and that
the contract for said work and improvements is hereby awarded to Fieldstone Construction
Company at the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and
the City Clerk of said City be authorized and directed to execute a contract with Fieldstone
Construction Company in a form approved by the City Attorney, for said work and to return the
bidder's bond upon the execution of said contract.
RESOLVED, FURTHER, that the Public Works Director is hereby authorized to take
any and all such actions and make changes as may be necessary to accomplish the purpose of this
resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 2nd day of July, 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.263
City of San Rafael ♦ California
Form of Contract Agreement
for
Citvwide Street Resurfacins 2012 Curb Ramns
Citv Proiect No. 11204
This Agreement is made and entered into this 2nd day of July, 2012 by and between the City of San
Rafael (hereinafter called City) and Fieldstone Construction Company (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named,
agree as follows:
I - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary,
and to perform all of the work shown on the plans and described in the specifications for the project
entitled: Citywide Street Resurfacing 2012 Curb Ramps, City Project No. 11204, all in accordance
with the requirements and provisions of the Contract Documents as defined in the General Conditions
which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor
under this contract shall be primary with respect to any other insurance available to the City.
II - Time of Completion
(a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING
DAYS after the date of written notice by the City to the Contractor to proceed.
(b) All work, including punchlist items, shall be completed within THIRTY (30) WORKING DAYS
and with such extensions of time as are provided for in the General Conditions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of
calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be
impracticable and extremely difficult to ascertain and determine the actual damage which the City will
sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay
to the City, the sum of $1,000 for each and every working day's delay in finishing the work in excess of
the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages
herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due
or that may become due the Contractor under the contract.
1V - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the
total number of each of the units of work in the following schedule completed at the unit price stated.
The number of units contained in this schedule is approximate only, and the final payment shall be made
for the actual number of units that are incorporated in or made necessary by the work covered by the
Contract.
ITEMI
ESTIMATED
UNIT
TOTAL
NO.
DESCRIPTION
QUANTITY UNIT
PRICE
PRICE
BASE BID
1.
Signs and Traffic Control
1 LS
$7,500.00
$7,500.00
2.
Clearing and Grubbing
1 LS
$15,000.00
$15,000.00
Page 1
ITEMI
ESTIMATED
UNIT
TOTAL
NO.
DESCRIPTION
QUANTITY
UNIT
PRICE
PRICE
BASE BID
(CONTINUED)
3.
Minor Concrete — Minor Structures
a. Type A Curb & Gutter
565
LF
$32.00
$18,080.00
b. Type E Curb (6" Max. Height)
90
LF
$30.00
$2,700.00
c. 6 -inch Thick PCC Driveway/Gutter
1,735
SF
$11.00
$19,085.00
SlabNalley Gutter
d. 4 -inch Thick PCC Sidewalk
2,685
SF
$9.50
$25,507.50
e. Retaining Curb
50
LF
$20.00
$1,000.00
f. Curb Ramp — Case A
5
EA
$2,900.00
$14,500.00
g. Curb Ramp — Case C
4
EA
$3,400.00
$13,600.00
h. Curb Ramp — Modified Case C
1
EA
$3,700.00
$3,700.00
i. Curb Ramp — Case F
5
EA
$3,500.00
$17,500.00
j. Median Island Passageway
1
LS
$1,500.00
$1,500,00
k. Type E Catch Basin
2
EA
$2,500.00
$5,000.00
I. Turning Structure with Pipe
1
LS
$5,000.00
$5,000.00
m. Trench Drain with Grate
30
LF
$100.00
$3,000.00
n. Falkirk Driveways Drainage System
1
LS
$7,500.00
$7,500.00
4.
Asphalt Concrete
118
TON
$225.00
$26,550.00
5.
Sanitary Sewer Improvements
1
LS
$3,500.00
$3,500.00
6.
Reset Sign and Post
7
EA
$350.00
$2,450.00
7.
Pavement Markings
1
LS
$9,000.00
$9,000.00
SUBTOTAL BASE BID
$201,672.50
ALTERNATE
BID ITEM 2
2.
Drainage Improvements
I 1
LS
$12,700.00
$12,700.00
I SUBTOTAL ALTERNATE BID
ITEM 2
I
$12,700.00 I
$12,700.00
GRAND
TOTAL
$214,372.50
V - Progress Payments
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit
an estimate covering the total quantities under each item of work that have been completed from the
start of the job up to and including the 25th day of the preceding month, and the value of the work so
completed determined in accordance with the schedule of unit prices for such items together with
such supporting evidence as may be required by the City and/or Contractor.
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous
payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public
Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days
following the filing of the notice of completion and acceptance of the work by the Public Works
Department.
(d) The Contractor may elect to receive 100% of payments due under the contract from time to time,
without retention of any portion of the payment by the public agency, by depositing securities of
equivalent value with the public agency in accordance with the provisions of Section 4590 of the
Page 2
C2
Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's
Finance Director, whose decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer
shall within 5 days make such inspection, and when he finds the work acceptable under the Contract
and the Contract fully performed, he will promptly issue a Notice of Completion, over his own
signature, stating that the work required by this Contract has been completed and is accepted by him
under the terms and conditions thereof, and the entire balance found to be due the Contractor,
including the retained percentage, shall be paid to the Contractor by the City within 15 days after the
expiration of 35 days following the date of recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in
case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a
surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
(c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract
Price, before the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City,
other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing
within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers'
guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously
made and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the
Engineer, and without terminating the Contract, make payment of the balance due for that portion of
the work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall
not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute
this Agreement the day and year first written above.
ATTEST:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
- Q�-ImE
Robert F. Epstein
City Attorney
File No.: 16.01.263
:`dull -DRE ►i
Nader Mansourian
Public Works Director
CONTRA OR:
For: Fieldstone Construction Company
Page 3
7,
City of San Rafael ♦ California
Form of Contract Agreement
for
Citvwide Street Resurfacine 2012 Curb Ramns
Citv Proiect No. 11204
This Agreement is made and entered into this 2nd day of July, 2012 by and between the City of San
Rafael (hereinafter called City) and Fieldstone Construction Company (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named,
agree as follows:
I - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary,
and to perform all of the work shown on the plans and described in the specifications for the project
entitled: Citywide Street Resurfacing 2012 Curb Ramps, City Project No. 11204, all in accordance
with the requirements and provisions of the Contract Documents as defined in the General Conditions
which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor
under this contract shall be primary with respect to any other insurance available to the City.
II - Time of Completion
(a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING
DAYS after the date of written notice by the City to the Contractor to proceed.
(b) All work, including punchlist items, shall be completed within THIRTY (30) WORKING DAYS
and with such extensions of time as are provided for in the General Conditions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of
calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be
impracticable and extremely difficult to ascertain and determine the actual damage which the City will
sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay
to the City, the sum of $1,000 for each and every working day's delay in finishing the work in excess of
the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages
herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due
or that may become due the Contractor under the contract.
1V - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the
total number of each of the units of work in the following schedule completed at the unit price stated.
The number of units contained in this schedule is approximate only, and the final payment shall be made
for the actual number of units that are incorporated in or made necessary by the work covered by the
Contract.
ITEM
ESTIMATED
UNIT
TOTAL
NO.
DESCRIPTION
QUANTITY UNIT
PRICE
PRICE JI
BASE BID
J
1.
I Signs and Traffic Control
1 LS
$7,500.00
$7,500.00
2.
Clearing and Grubbing
1 LS
$15,000.00
$15,000.00 i
Page 1
ITEM
NO. I DESCRIPTION
BASE BID (CONTINUED)
3. Minor Concrete — Minor Structures
a. Type A Curb & Gutter
b. Type E Curb (6" Max. Height)
c. 6 -inch Thick PCC Driveway/Gutter
SlabNalley Gutter
d. 4 -inch Thick PCC Sidewalk
e. Retaining Curb
f. Curb Ramp — Case A
g. Curb Ramp — Case C
h. Curb Ramp — Modified Case C
i. Curb Ramp — Case F
j. Median Island Passageway
k. Type E Catch Basin
I. Turning Structure with Pipe
m. Trench Drain with Grate
n. Falkirk Driveways Drainage System
4. Asphalt Concrete
5. Sanitary Sewer Improvements
6. Reset Sign and Post
7. Pavement Markings
ALTERNATE BID ITEM 2
2. I Drainage Improvements
V - Progress Payments
ESTIMATED
UNIT
TOTAL
QUANTITY
UNIT
PRICE
PRICE
565
LF
$32.00
$18,080.00
90
LF
$30.00
$2,700.00
1,735
SF
$11.00
$19,085.00
2,685
SF
$9.50
$25,507.50
50
LF
$20.00
$1,000.00
5
EA
$2,900.00
$14,500.00
4
EA
$3,400.00
$13,600.00
1
EA
$3,700.00
$3,700.00
5
EA
$3,500.00
$17,500.00
1
LS
$1,500.00
$1,500.00
2
EA
$2,500.00
$5,000.00
1
LS
$5,000.00
$5,000.00
30
LF
$100.00
$3,000.00
1
LS
$7,500.00
$7,500.00
118
TON
$225.00
$26,550.00
1
LS
$3,500.00
$3,500.00
7
EA
$350.00
$2,450.00
1
LS
$9,000.00
$9,000.00
SUBTOTAL BASE BID
$201,672.50
1 I LS
SUBTOTAL ALTERNATE BID ITEM 2
GRAND TOTAL
$12,700.00
$12,700.00
$12,700.00
$12,700.00
$214,372.50
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit
an estimate covering the total quantities under each item of work that have been completed from the
start of the job up to and including the 25th day of the preceding month, and the value of the work so
completed determined in accordance with the schedule of unit prices for such items together with
such supporting evidence as may be required by the City and/or Contractor.
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous
payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public
Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days
following the filing of the notice of completion and acceptance of the work by the Public Works
Department.
(d) The Contractor may elect to receive 100% of payments due under the contract from time to time,
without retention of any portion of the payment by the public agency, by depositing securities of
equivalent value with the public agency in accordance with the provisions of Section 4590 of the
Page 2
Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's
Finance Director, whose decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer
shall within 5 days make such inspection, and when he finds the work acceptable under the Contract
and the Contract fully performed, he will promptly issue a Notice of Completion, over his own
signature, stating that the work required by this Contract has been completed and is accepted by him
under the terms and conditions thereof, and the entire balance found to be due the Contractor,
including the retained percentage, shall be paid to the Contractor by the City within 15 days after the
expiration of 35 days following the date of recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in
case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a
surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
(c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract
Price, before the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City,
other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing
within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers'
guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously
made and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the
Engineer, and without terminating the Contract, make payment of the balance due for that portion of
the work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall
not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute
this Agreement the day and year first written above.
ATTEST:
i-5�
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
L a �" �e
Robert F. Epstein
City Attorney
File No.: 16.01.263
CITY OF SAN RAFAEL:
Nader Mansourian
Public Works Director
CONT TOR:
L TlC�
For: Fieldsttl a Construction Company
Page 3